A lawyer for Mahmoud Khalil, the first noncitizen activist arrested under the Trump administration's crackdown on pro-Palestinian speech, has described his client's immigration proceedings as 'preordained and a complete sham' after it emerged the case was fast-tracked by the Department of Justice.
Marc Van Der Hout, an attorney on Khalil's legal team, said in a statement: 'These revelations make clear that this case has been controlled from day one by higher-ups in the administration. The immigration judge was hand-picked and the Board of Immigration Appeals decision was predetermined.'
In April, the Board of Immigration Appeals (BIA) issued a 'final' administrative removal order for Khalil in an unusually swift decision, after multiple judges reportedly recused themselves. Internal board documents obtained by the New York Times indicated the case had been flagged as a high priority and expedited, with the decision coming within nine days of final briefing—a process that typically takes years.
Khalil, a legal US permanent resident married to a US citizen, was arrested in New York in March 2025 for his advocacy at Columbia University for Palestinian rights. He was detained for 104 days in Louisiana, during which his wife gave birth to their first child. He was released in June after a federal judge ruled his detention unconstitutional, but a subsequent appeals court ruling overturned that decision on jurisdictional grounds.
Khalil's legal team is awaiting a ruling from the full Third Circuit Court of Appeals on whether to reconsider the panel's decision. Depending on the outcome, Khalil could face deportation, even if his attorneys appeal to the Supreme Court.
